Read on Twitter
“We have held that the House has authority under the Constitution to issue subpoenas to assist it in carrying out its legislative responsibilities.” -the Supreme Court, ONE MONTH AGO
Mazars isn’t my favorite opinion, but it’s clear as day that Congress doesn’t have to pass a statute to issue a subpoena; understanding what’s going on in the country is a necessary *precursor* to figuring out what statutes would be wise or effective. https://www.supremecourt.gov/opinions/19pdf/19-715_febh.pdf
Here’s the whole panel opinion. Only the (lengthy) dissent cites Mazars. https://www.politico.com/f/?id=00000174-4582-d403-aff7-6dc334410000
The majority opinion argues that, while Congress has a constitutional power to issue subpoenas, it doesn’t get to ask the courts to help. In the absence of a criminal case against McGahn, the opinion says Congress should enforce the subpoena itself w its inherent contempt power.
The en banc DC Circuit in this same case has previously called the use of the inherent contempt power that the panel recommends today “impracticable” (and a Politico reporter called it a Democratic fever dream). https://twitter.com/kyledcheney/status/1291748493166551040?s=21 https://twitter.com/kyledcheney/status/1291748493166551040
